H4 to H1 visa

[brlsubbu]

Hi,

My wife came to the US on H4 visa and she got her H1 visa for Oct 2007 quota. She did not get any job yet. What happens to her H1 visa if she got rejected in the US consulate? Can she use the same H1 after coming on H4 visa?

Thanks in advance.

[knowledgeable]

Confusing ...

... wording in your post make it difficult to answer.

If anybody gets rejected while applying for a H1B visa, then of course you cannot use that visa to travel or switch to anyway.

Hope I am making sense to you.

Good luck.

[txh1b]

I think you meant the H1 petition. If it was a COS from Oct 1st, she is out of status without getting paid and will have issues during GC and likely during stamping if the VO asks for the W2/paystubs/tax returns.

If the H1b is rejected and the consulate revokes it by contacting USCIS, it cannot be used for a transfer/cap-exemption later on with another employer.